Report Title:

Driver Licensing; Operation of Motorized Devices

 

Description:

Distinguishes the examination, licensing and operation of mopeds from that of motor scooters and motorcycles; prohibits operation of motorized devices on streets. (SD1)

THE SENATE

S.B. NO.

2838

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRIVER LICENSING.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XIII be appropriately designated and to read as follows:

"§291C- Riding motorized devices on streets prohibited. A person propelling a motorized device shall not operate the device on any street, roadway, or bikeway.

For the purposes of this section, "motorized device" means a vehicle powered by an internal combustion engine or electric motor, with one or more wheels in contact with the ground, in which the operator stands or is seated upon the device, but excluding motorcycles, motorscooters, mopeds, and bicycles."

SECTION 2. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:

(1) [Motor scooters;] Mopeds;

(2) Motorcycles and motor scooters;

(3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of fifteen thousand pounds or less; and

(4) All of the motor vehicles in category (3) and trucks having a gross vehicle weight rating of fifteen thousand one through twenty-six thousand pounds.

A school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181."

SECTION 3. Section 291C-194, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall drive a moped unless the person:

(1) Possesses a valid driver's license of any category listed in section 286-102 [provided that if the person applies for a driver's license solely to operate a moped, the person may use a moped to meet the licensing requirements in section 286-102 and shall be licensed in the same category as motor scooters. After meeting the licensing requirements, the person shall also be licensed to operate motor scooters;] or 286-239; and

(2) Meets the requirements of section 286-105(3)."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.